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  • I just transferred to a new employer in my 7th year. All you need is a copy of the approved I-140.

    DO not give a notice to your current employer until the new H1 is approved. Also, apply for premium processing.





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  • I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately

    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately





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  • The new PW system seems to be taking about 4-5 weeks, not months.





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  • The first thing to consider is the job requirement. It must require a minimum of a master's degree or a Bachelor degree plus 5 years progressive experience. If the job description has that requirement, and you have the required background, then it can be filed as EB2. In your case the job description states a minimum of a bachelor's degree and 3 or 4 years experience. This would only qualify as EB3, regarless of your credentials.
    I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.

    On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!





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  • Thanks for sharing this news. Here is the link (http://www.immigration-information.com/forums/showthread.php?p=25832).

    This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.

    We are working on 2nd phase of our campaign.





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  • Guys, looks like a lot of people are voting against H1B visas as well. I think since most of us are here on these visas, we should support these visas as well.

    Even if we are able to get green cards, it is important that we strive to keep this place the best atleast in our lifetime. On that ground, it is important that we understand and stand up to the H1B visa provision which gets the best people in the world to this counrty and also make sure that they stay here.

    I felt bad that even some people who are here (or atleast claim to be) on H1B seem to suggest on change.gov that the visa is not good for jobs here. Can we expect this country to be able to produce cmopanies like Google, Yahoo, Sun and numerous others if we are not able to atract talent.

    On this note I would also like to add one insight that we had once we were discussing in office. My boss's contention was that if you are paid half the money as you are here, would you go back to India. A discussion ensued and we both concluded that the thing that keeps this country in the forefront of technology is that it attarcts the best people from all around. Be it Indian, chinese, European, Arab, African. It would be difficult to find an environment so geared to be able to get the best brains and keep them there. India/China is also growing, but unless they are able to attract talent like US, it would be difficult for them to match atleast in technology (which also ties down to higher per capita GDP).





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  • Dhundhun,
    Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
    Thanks again

    This site gives broad description of EB1 and its classification:
    http://www.visaus.us/pages/greencard-EB1.htm

    This is speciality area for lawyers: Can they put in EB-1(b) catagory, which is dependant on research/publication or EB-1(c) if on very senior management?

    I think enough publications are required for EB-1(b), my couple of my friends with PhD could not get enough evidence to be placed in EB-1(b).





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  • I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.

    1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
    2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?

    Thanks,
    Ag

    1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.

    2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.





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  • Hello,

    I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).

    My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.

    I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?

    Thanks!

    What is required for a H1 extension is a "JOB". You should try and get a job asap. Technically, you are accruing unlawful presence in the US since the day you are out of the job (unless you have a pending I-485). On top of that, what your employer is suggesting is illegal. Try to find a job asap and apply for H1 COE petition. You will be required to submit your latest paystubs though.





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  • you could use an imagemap but i'd say slice it up and read a tutorial on switching from ps7 to image ready so you can change the rollover states. just look it up in google





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  • I guess we would have , as we are not leaving but chose to live with the problems.





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  • Where did you get this info? Could you please point out a reference that says so?

    You have to think about it in these terms.

    1) Say you show the experience. Then it means you were working in US while being on h4. It doesn't matter if you received salary here or not. Like say if some VP of infosys comes to US for a meeting, he is getting his salary in India. But he is here on proper visa to do his work.

    2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.

    Someone mentioned a British citizen gets paid in pounds while she works in Cali. See my example of Infosys VP. Its important to know which visa she has. I m sure she won't be on H4.





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  • Nice to know that I could be of some help. Thanks for letting me know.
    Wish you good luck in your AC21 as well as GC journey.
    I think all of us would need to add one day in DC as a part of this journey.





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  • This is great news. Hope we see some names from the Congress on the list





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  • Thanks redcard,
    Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?





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  • Time to step up the pressure ?





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  • Prashanthi was there on chat for 30 min and as no one turned up to ask questions she left. She will be available for chat every Thursday at 9.30 PM EST.





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  • Thank you all. I am going to get an appointment with the doctor (CS) who is in my medical group. I will keep you all posted how this goes and about the odd file processing even though my PD is way far from the current PD date!





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  • not website... just the category... thanks for your opinion...

    also, title leaves the possibility that the content talks about a creative new business idea... or some creative twist in interpretation of law...

    I see nothing wrong with this topic at this website. We had a lot of pressure on GC. The bad economy just made our life worse. We need some high spirit.

    And the title clearly indicates that it is not about any specific immigration issue. People don't have to click when not interested.





    I am in KS and looking for information to apply to renew our EADs. Can anyone please give me some idea what where I can get an application forms? Is paper application better or online?
    Thank you so much.





    Hi Omved,
    You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.

    Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.

    Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).

    BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.

    -K

    DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.



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